Robinson v Defrancesco

Tenant wins · Bradford · 2022-02-07

Adjudicator

Sonia Anwar-Ali

Dispute

Eviction Order Voiding, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

C.R.

Tenant

A.D.

Landlord rep

Kimberly Beauvais

What happened

Tenant filed a motion to void an eviction order (CEL-00107-21) issued on August 20, 2021, due to non-payment of rent. The Tenant claimed to have paid the required amount to void the order under subsection 74(11) of the Residential Tenancies Act, 2006, before the eviction order became enforceable.

The ruling

The Tenant's motion to void the eviction order CEL-00107-21 is granted. The original eviction order and the subsequent review order are declared void and cannot be enforced by the Landlord. The Tenant has successfully paid the required amount to void the order before filing the motion.